PANELLI & PANELLI

In this matter before Harper J, the parties were engaged in family law proceedings concerning their children. The final hearing had been listed, but an expert report, crucial for the proceedings, was only provided two days prior. Compounding this, the mother had not seen the children for over two years, and the expert was unable to observe the mother and children together. The expert's report recommended family therapy to facilitate a reintroduction of the children to their mother.

The central legal issues before the court were whether to grant an adjournment of the final hearing to allow for family therapy, and what interim orders were necessary to facilitate this therapy and address the children's welfare pending the outcome of the therapy. The court also considered the implications of the late provision of the expert report and the mother's extended separation from the children.

Harper J, by consent of the parties, adjourned the final hearing and made extensive interim orders. These orders mandated that both parents engage with a specified service (C Services) to arrange family therapy aimed at reintroducing the children to their mother. The children were to live with the father, and both parents were required to comply with the directions of the therapy service. The court also addressed the financial responsibilities for the therapy sessions and provided for alternative therapy providers. Further orders detailed communication protocols regarding the children's welfare, medical information, schooling, and prohibited denigration of either parent in the children's presence. The court also noted an outstanding application-contravention by the mother and directed the discontinuance of another application.